(영문) 광주지방법원 2016.12.23 2016나5715 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2016.12.23 2016나5715

매매대금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] Part II of the judgment of the court of first instance shall be "," and the above building shall be "the building of this case".

Part 2 of the judgment of the court of first instance shall be in accordance with the following subparagraphs.

C. Meanwhile, D, around July 1, 2013, completed a move-in report for resident registration on the instant building on or around December 1, 2015, retired from the building on or around December 1, 2015.

Part 23 of the judgment of the first instance court shall be written with "No. 1" written with "No. 1 and No. 5."

Part 3 through 14 of the judgment of the court of first instance shall be followed as follows.

According to the contents, etc. of the instant agreement, the Plaintiff shall deliver the instant real estate to the Defendant by April 30, 2015 pursuant to the instant sales contract, and the said delivery obligation constitutes a prior performance obligation to be performed prior to the Defendant’s remainder payment obligation until a certain period expires from the time D transfer of the instant building was completed.

Therefore, in light of the following circumstances, as to whether the Plaintiff delayed the duty to deliver the instant real estate, the Plaintiff delayed the delivery of the instant real estate by transferring the instant real estate to the Defendant only after November 30, 2015, which was prior to the transfer of D, by taking into account the following circumstances: (a) the facts and evidence as seen earlier, Gap evidence No. 1, Eul evidence No. 2, and Eul evidence No. 2; and (b) the purport of the entire pleadings.

Therefore, the plaintiff is liable for damages sustained by the defendant due to delay in the above duty of delivery.

Part 3 of the judgment of the first instance court, the "this Court" in Part 16 shall be deemed to be the "Magju District Court Macheon."

참조조문

-민사소송법 제420조

유사 판례

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